General Terms and Conditions of Lang Immobilien GmbH (GTC)

These terms and customary commission rates align with the practices of real estate brokers in the state of Hesse. Our activities are carried out in accordance with §§ 652 ff of the German Civil Code (BGB), general commercial principles and customs, and in compliance with the professional standards of our trade. Our work is directed toward the proof and/or mediation of contracts for residential and commercial real estate as well as land.

1. Brokerage Contract
   The brokerage contract with the buyer is established under the stated terms and conditions upon use of our brokerage services or commencement of negotiations with the seller based on this offer.
2. Offer
   The broker’s offer is non-binding and only intended for the respective recipient. Passing the information on to third parties is prohibited. If the client already knows of the offer from another source, they must inform us in writing within 7 days and provide proof of where the information was obtained. If this does not happen, the recipient acknowledges our proof.
3. Treatment of Offers
   a) Offers and communications from Lang Immobilien GmbH, which provide the opportunity to conclude a purchase or rental contract, are exclusively for the intended recipient or client and may only be shared with third parties with written consent from Lang Immobilien GmbH. Violations result in a compensation obligation equal to the agreed commission.
   b) If the client is already aware of the saleability or rentability of an identified property, they must inform Lang Immobilien GmbH in writing within 7 days.
4. Dual Activity
   The broker is entitled to work for both parties in the intended contract, subject to commission from each.
5. Commission
   Our brokerage commission is earned if a contract is concluded due to our proof and/or mediation activity. The commission is as follows:
   • For single-family homes (possibly with an apartment) and condominiums, based on the total notarized purchase price, each the buyer and seller pay 3.57% incl. VAT.
   • For land and properties with two or more units (excluding apartments), the buyer pays 5.95% incl. VAT based on the notarized total purchase price.
   • For leasehold rights to single-family homes (with apartment) and condominiums, each the landowner (or seller) and leaseholder (or buyer) pay 3.57% incl. VAT.
   • For leasehold rights to land and properties with two or more units, the leaseholder (or buyer) pays 5.95% incl. VAT based on the notarized purchase price.
   • For pre-emption rights, calculated from the market value of the object (payable by the entitled party), 1.19% incl. VAT.
   • For rental/lease payments due from the landlord/lessor, in the case of living spaces, 2.38 months’ rent incl. 19% VAT.
   • For commercial spaces, from the commercial tenant with a contract duration up to 5 years, a minimum fee of 3.57 months’ rent incl. 19% VAT, and for contracts over 5 years, based on the respective net contract sum, up to a maximum of 10 years’ rent, 3.57% incl. 19% VAT.

   The commission is due upon contract conclusion, payable within 7 days of invoice issuance. The commission entitlement remains even if the concluded contract lapses due to a resolutive condition or is void or unfulfilled due to any withdrawal or other reason. The commission is also due if the client forwards the proof received to a third party who then concludes the contract. The commission is calculated based on the purchase price or total contract value, including any fixture allowances, mortgage assumptions, etc.

6. Equivalence
   The purchase of the object via foreclosure, transfer of actual or ideal shares, and acquisition of another similar property of the seller is equivalent to the conclusion of a purchase contract. Other contracts or agreements in any form also make our commission due.
7. Contract Conclusion
   a) Upon conclusion of a notarized purchase or rental contract facilitated by Lang Immobilien GmbH, a commission is earned and due in our favor. If the contract is concluded under conditions different from the original offer or involves another object of the evidenced contract partner, it does not affect the commission claim as long as the concluded transaction is economically equivalent or identical to the offered transaction or only differs insignificantly in economic outcome.
   b) Lang Immobilien GmbH is entitled to be present at contract conclusion. If a contract is concluded without our presence, the client or buyer must promptly inform us of the contract partner and terms. Upon request, the client is obliged to provide a copy of the contract.
   c) If the client abandons their contract intentions, they must inform Lang Immobilien GmbH in writing immediately.
8. Follow-Up Transaction
   Lang Immobilien GmbH is also entitled to a commission if further contractual agreements are made in temporal and economic connection with the first mediated or evidenced contract.
9. Notarization
   The broker is entitled to attend the notarization appointment and to receive a copy of the purchase deed.
10. Liability
    Our property descriptions are created based on the seller’s information. The broker has not verified this information and, therefore, cannot assume liability for its accuracy.
11. Final Provisions
    Our offers are non-binding, and we reserve the right for intermediate sale and rental or lease. Should individual provisions of this contract be invalid, the effectiveness of the remaining provisions remains unaffected.
12. Jurisdiction
    For merchants, Frankfurt am Main is agreed upon as the exclusive place of jurisdiction.